Category Archives: Independent Medical Exam

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Independent Medical Exam

Observer is Allowed at IMEs

The Department of Labor and Industries (DLI) recently issued a Statement of Policy advising that an observer is allowed at IMEs. Any injured worker is allowed to bring a friend of family member to an independent medical examination (IME), except in the case of a mental health examination.

IME Firms Were Limiting Observers

We have seen several IME firms include notice of “new rules” that “observers are not allowed due to COVID-19” in their pre-exam paperwork mailed to injured workers. In response to complaints about this practice, primarily from attorneys representing injured workers, DLI has now taken action by issuing the Statement of Policy confirming that an observer is allowed at IMEs. It is unknown how many workers have had exams without observers present in the last few months before this statement was issued.

Statement of Policy – the Full Text

Pursuant to WAC 296-23-362, workers have the right to bring a friend or family member to Independent Medical Exams (IMEs), except for mental health examinations, to serve in the role of observer providing comfort and reassurance. IME firms are expected to support any worker requests for an observer during a non-mental health IME. They must also refrain from any reference, in written or spoken communication with workers, to limitations on observers during IMEs. This worker right remains in effect, and it is up to the IME firm to ensure the ability to comply with the COVID-19 safety requirements for six feet of social distancing.

Firms should obtain information in advance of the IME on whether the worker plans to bring an observer and take steps to ensure the appropriate exam room size. In the event that the firm is unable to accommodate the worker’s IME with an observer, the IME will need to be rescheduled.

What This Means for Workers

The news is simple and straightforward: an observer is allowed at IMEs to support the worker. The implementation of this policy may be more complicated.

Many of the IME firm’s exam rooms are very small. It may be difficult for them to accommodate observers and follow social distancing rules. Some IME firms may try to pivot and, instead of allowing observers, insist on video exams (this is already happening with mental health evaluations). 

We recommend the following tips:

  • all workers have an observer with them during any non-mental health IME
  • make sure social distancing rules are followed
  • do not agree to video exams under nearly any circumstances
  • file a complaint if the doctor or IME firm is not following the policy
  • promptly contact a workers’ compensation attorney with any concerns about your claim or your IME
How Can an Observer Help?

An observer cannot be a legal representative or their staff nor a doctor or their staff. The primary purpose of an observer is to provide comfort and reassurance to the worker. However, an observer can corroborate the workers’ version of events that occurred during the examination process if there is later any discrepancy arising from the physician’s written report.

We suggest that an observer:

  • listen and observe the examination without distractions
  • refrain from asking questions of the physician
  • refrain from providing answers to physician questions of the worker
  • take notes with pen and paper (use of recording devices, including phones, are not usually allowed)
Recent Posts on Related Topics
Defense Medical Exam, DME, IME, Independent Medical Exam, legal

Work Comp Cost-Containment: IME Company May Fetch Billions

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

In January, I wrote about how workers’ compensation has a cost-containment industrial complex that not only harms workers but also is a potential profit generator for groups like private-equity firms.

According to this link from The Wall Street Journal, a private-equity firm named Leonard Green & Partners LP recently submitted an offer to buy an IME company called Exam Works for $2.2 billion. Yes, that’s billion with a B.

“The insurance-defense-industrial-complex has become a multi-billion dollar enterprise,” as was noted on Aleksy Belcher Law Firm’s Facebook page earlier last week (Aleksy Belcher is a workers’ compensation plaintiff’s firm based in Chicago).

The Wall Street Journal article linked above talks about the hundreds of millions of dollars of revenue that Exam Works posted last year and also its purpose.

“It said it serves more than 6,000 clients globally, including property and casualty insurance carriers, law firms, third-party claim administrators and government agencies, helping them manage costs and enhance their risk-management and compliance processes,” according to The Wall Street Journal.

What this means for injured workers and their loved ones is that the big business and added bureaucracy of “cost-containment” may translate to even more profit at the expense of injured workers, going into the private-equity company’s pockets if the sale goes through.

The way IME companies are seen as potential profit centers for private-equity firms is one of the many reasons that if an IME – Independent Medical Exam – or DME – Defense Medical Exam – is ordered for an injured worker, that injured worker should seek the advice of an experienced workers’ compensation lawyer. Workers’ compensation lawyers advocate for injured workers and help them understand the workers’ compensation process, including IMEs, so the playing field of the workers’ compensation process might be a little more even. That way, cost containment, though not as profitable for private-equity firms, can give way to injured workers getting the medical treatment and compensation that they need to move on with their lives.